S T A T E O F N E W Y O R K
________________________________________________________________________
6898--A
2021-2022 Regular Sessions
I N S E N A T E
May 20, 2021
___________
Introduced by Sen. SANDERS -- read twice and ordered printed, and when
printed to be committed to the Committee on Judiciary -- recommitted
to the Committee on Judiciary in accordance with Senate Rule 6, sec. 8
-- committee discharged, bill amended, ordered reprinted as amended
and recommitted to said committee
AN ACT to amend the lien law, in relation to adding certain notice
requirements for enforcing liens on goods in self-storage facilities
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subparagraph (i) of paragraph (a) and paragraph (c) of
subdivision 2 of section 182 of the lien law, as amended by chapter 424
of the laws of 2019, are amended to read as follows:
(i) name and address of owner and occupant and electronic mail address
of owner and occupant should the occupant choose to be contacted via
electronic mail AND THE TELEPHONE NUMBER OF THE OCCUPANT SHOULD THE
OCCUPANT CHOOSE TO BE CONTACTED VIA TELEPHONE;
(c) Every occupancy agreement as required by this section shall
contain the following conspicuous notices: (i) "Notice: The monthly
occupancy charge and other charges stated in this agreement are the
actual charges you must pay"; (ii) "Notice: You may choose to be
contacted for legal matters related to late or lien notices, via elec-
tronic mail OR VIA TELEPHONE by providing your electronic mail address,
AND/OR TELEPHONE NUMBER in at least two locations within the occupancy
agreement"; (III) "NOTICE: IF YOU CHOOSE TO PROVIDE YOUR TELEPHONE
NUMBER, THE OWNER MUST ATTEMPT TO CONTACT YOU BY TELEPHONE TO NOTIFY YOU
OF THE MAILING OF ANY LEGAL MATTERS RELATED TO LATE OR LIEN NOTICES".
§ 2. Paragraph (a) of subdivision 7 of section 182 of the lien law, as
amended by chapter 424 of the laws of 2019, is amended to read as
follows:
(a) An owner's lien may be enforced by public or private sale of the
occupant's goods that remain in the self-storage facility, in block, or
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00805-04-2
S. 6898--A 2
in parcel, at any time or place and on any terms which are commercially
reasonable after notice to all persons known to claim an interest in the
goods. The notice shall include an itemized statement of the amount due,
the description of the property subject to the lien, the nature of the
proposed sale, a demand for payment within a specified time not less
than [thirty] SIXTY days from mailing of the notice and a conspicuous
statement that unless the claimant pays within that time the goods will
be advertised for sale and sold at public or private sale in a commer-
cially reasonable manner. The notice shall further include the time and
place of any public or private sale and it shall state that any person
claiming an interest in the goods is entitled to bring a proceeding
hereunder within ten days of the service of the notice if he disputes
the validity of the lien, or the amount claimed. The notice shall be
personally delivered to the occupant, or sent by registered or certified
mail to the occupant's last known address, or sent by verified mail and
electronic mail to the occupant's last known address. Any notice made
pursuant to this section and sent by verified mail shall be sent to the
last known address provided by the occupant, pursuant to the occupancy
agreement, PROVIDED FURTHER, THAT IF THE OCCUPANCY AGREEMENT STATES THAT
THE OCCUPANT HAS CHOSEN TO BE CONTACTED VIA TELEPHONE AS SET FORTH IN
SUBDIVISION TWO OF THIS SECTION, SUCH NOTICE SHALL NOT BE EFFECTIVE
UNLESS THE OWNER MAKES REASONABLE ATTEMPTS TO CONTACT THE OCCUPANT VIA
TELEPHONE TO NOTIFY THE OCCUPANT OF THE MAILING OF SUCH NOTICE. Any
notice made pursuant to this section and sent by electronic mail shall
only be effective if: (i) the occupancy agreement states that the occu-
pant has consented to receive late or lien notices by electronic mail;
and (ii) the occupant has provided the occupant's electronic mail
address in at least two locations within the occupancy agreement.
§ 3. This act shall take effect immediately.